Notice of Pre-AIA or AIA Status
1. The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Detailed Action
2. This office action is in response to the filing with the office dated 01/25/2024.
Information Disclosure Statement
3. The information disclosure statements (IDS) submitted on 09/24/2024 is in compliance with the provisions of 37 CFR 1.97. Accordingly, the information disclosure statement is being considered by the examiner.
Drawing Objections
4. The drawings are objected to under 37 CFR 1.83(a). The drawings must show every feature of the invention specified in the claims. Therefore, the “marking surface” and “marking guides located a predetermined distance from the center of the compound pair of magnets” must be shown or the feature(s) canceled from the claims 50-52. No new matter should be entered.
Corrected drawing sheets in compliance with 37 CFR 1.121(d) are required in reply to the Office action to avoid abandonment of the application. Any amended replacement drawing sheet should include all of the figures appearing on the immediate prior version of the sheet, even if only one figure is being amended. The figure or figure number of an amended drawing should not be labeled as “amended.” If a drawing figure is to be canceled, the appropriate figure must be removed from the replacement sheet, and where necessary, the remaining figures must be renumbered and appropriate changes made to the brief description of the several views of the drawings for consistency. Additional replacement sheets may be necessary to show the renumbering of the remaining figures. Each drawing sheet submitted after the filing date of an application must be labeled in the top margin as either “Replacement Sheet” or “New Sheet” pursuant to 37 CFR 1.121(d). If the changes are not accepted by the examiner, the applicant will be notified and informed of any required corrective action in the next Office action. The objection to the drawings will not be held in abeyance.
Claim Rejections – 35 U.S.C. 102
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of the appropriate paragraphs of 35 U.S.C. 102 that form the basis for the rejections under this section made in this Office action:
A person shall be entitled to a patent unless –
(a)(1) the claimed invention was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention.
5. Claims 1-11, 16-27, 37, 38, 41-50 are rejected under 35 U.S.C. 102 (a) (1) as being anticipated by Raskin et al (US 6914930 B2).
Regarding independent claim 1, Raskin et al (US 6914930 B2) teaches, A device (laser level element 10, figures 1-2) comprising: a. a housing (element 11, figures 1, 2) having top, bottom, and side walls, the bottom wall having a substantially planar bottom surface (as shown figures 1, 2); b. two dipole magnets forming a compound pair of magnets disposed in the bottom surface (element 33, figure 2); c. a barrel having a proximal end and a distal end, the barrel pivotally mounted near its proximal end to the device housing for pivotal movement in relation to the housing (element 41, with pin 38 and set screw 37, figure 8A, lines 5-18, column 3); and d. a laser disposed within the barrel, the laser creating, when activated, a laser beam projecting through the distal end of the barrel (laser diode and lenses are taught in lines 5-18, column 3).
Regarding dependent claim 2, Raskin et al (US 6914930 B2) teaches the device of claim 1.
Raskin et al (US 6914930 B2) further teaches, comprising a stop disposed in the device housing positioned to stop the pivoting of the barrel at a predefined position such that when activated, the laser beam intersects a plane defined by the planar bottom surface (Set screw 37 is preferably disposed on main body 31 and contacts barrel 41 to stop rotation of barrel 41 about pin 38, and set the position of barrel 41 (and thus of laser assembly 40, lines 5-18, column 3).
Regarding dependent claim 3, Raskin et al (US 6914930 B2) teaches the device of claim 2.
Raskin et al (US 6914930 B2) further teaches, wherein the laser beam intersects the plane defined by the planar bottom surface at a predetermined distance from the housing (lines 11-58, column 5).
Regarding dependent claim 4, Raskin et al (US 6914930 B2) teaches the device of claim 3.
Raskin et al (US 6914930 B2) further teaches, wherein the predetermined distance is between 15 and 17 inches (Persons skilled in the art will know how to select the appropriate radii, as they must be selected based on the distance from the wall W to laser assembly 40', the desired length of laser line gap to fill up, etc., lines 11-58, column 5).
Regarding dependent claim 5, Raskin et al (US 6914930 B2) teaches the device of claims 1-4.
Raskin et al (US 6914930 B2) further teaches wherein the laser beam is selected from the group consisting of a cross beam, a line beam, and a dot beam (laser assembly 40 will preferably emit a laser plane that contacts the wall, forming a laser line on the wall, lines 50-52, column 4).
Regarding dependent claim 6, Raskin et al (US 6914930 B2) teaches the device of claims 1-4.
Raskin et al (US 6914930 B2) further teaches, further comprising a first bubble level secured to the housing, the first bubble level having a centerline parallel the bottom housing surface and parallel to one of the housing side walls (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11) .
Regarding dependent claim 7, Raskin et al (US 6914930 B2) teaches the device of claims 6.
Raskin et al (US 6914930 B2) further teaches, further comprising a second bubble level secured to the housing orthogonally to the first bubble level (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 8, Raskin et al (US 6914930 B2) teaches the device of claims 6.
Raskin et al (US 6914930 B2) further teaches, wherein the laser beam is selected from the group consisting of a cross beam, a line beam, and a dot beam (laser assembly 40 will preferably emit a laser plane that contacts the wall, forming a laser line on the wall, lines 50-52, column 4).
Regarding dependent claim 9, Raskin et al (US 6914930 B2) teaches the device of claims 7.
Raskin et al (US 6914930 B2) further teaches, wherein the laser beam is selected from the group consisting of a cross beam, a line beam, and a dot beam (laser assembly 40 will preferably emit a laser plane that contacts the wall, forming a laser line on the wall, lines 50-52, column 4).
Regarding independent claim 10, Raskin et al (US 6914930 B2) teaches, A device (laser level element 10, figures 1-2) comprising: a. a housing (element 11, figures 1, 2) having top, bottom, and side walls, the bottom wall having a substantially planar bottom surface (as shown figures 1, 2); b. two dipole magnets forming a compound pair of magnets disposed in the bottom surface (element 33, figure 2); c. a barrel having a proximal end and a distal end, the barrel pivotally mounted near its proximal end to the device housing for pivotal movement in relation to the housing (element 41, with pin 38 and set screw 37, figure 8A, lines 5-18, column 3); d. a laser disposed within the barrel, the laser creating, when activated, a laser beam projecting through the distal end of the barrel (laser diode and lenses are taught in lines 5-18, column 3); e. a sensor disposed in the device housing (stud sensor circuit 20, figure 2, lines 60-67, column 3); and f. a circuit operatively connected to the sensor for processing an output of the sensor, (lines 1-17, column 4).
Regarding dependent claim 11, Raskin et al (US 6914930 B2) teaches the device of claim 10.
Raskin et al (US 6914930 B2) further teaches, where the sensor is a differential capacitive stud sensor (lines 60-67, column 3).
Regarding dependent claim 16, Raskin et al (US 6914930 B2) teaches the device of claim 10-15.
Raskin et al (US 6914930 B2) further teaches, wherein the laser beam is selected from the group consisting of a cross beam, a line beam, and a dot beam (laser assembly 40 will preferably emit a laser plane that contacts the wall, forming a laser line on the wall, lines 50-52, column 4).
Regarding dependent claim 17, Raskin et al (US 6914930 B2) teaches the device of claim 10-15.
Raskin et al (US 6914930 B2) further teaches, further comprising a first bubble level secured to the housing, the first bubble level having a centerline parallel the bottom housing surface and parallel to one of the housing side walls (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 18, Raskin et al (US 6914930 B2) teaches the device of claim 17.
Raskin et al (US 6914930 B2) further teaches, further comprising a second bubble level secured to the housing orthogonally to the first bubble level (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 19, Raskin et al (US 6914930 B2) teaches the device of claim 10.
Raskin et al (US 6914930 B2) further teaches, further comprising a stop disposed in the device housing positioned to stop the pivoting of the barrel at a predefined position such that when activated, the laser beam intersects a plane defined by the planar bottom surface (Set screw 37 is preferably disposed on main body 31 and contacts barrel 41 to stop rotation of barrel 41 about pin 38, and set the position of barrel 41 (and thus of laser assembly 40, lines 5-18, column 3).
Regarding dependent claim 20, Raskin et al (US 6914930 B2) teaches the device of claim 19.
Raskin et al (US 6914930 B2) further teaches, wherein the laser beam intersects the plane defined by the planar bottom surface at a predetermined distance from the housing (lines 11-58, column 5).
Regarding dependent claim 21, Raskin et al (US 6914930 B2) teaches the device of claim 20.
Raskin et al (US 6914930 B2) further teaches, where in the predetermined distance is between 15 and 17 inches (Persons skilled in the art will know how to select the appropriate radii, as they must be selected based on the distance from the wall W to laser assembly 40', the desired length of laser line gap to fill up, etc., lines 11-58, column 5).
Regarding dependent claim 22, Raskin et al (US 6914930 B2) teaches the device of claims 19-21.
Raskin et al (US 6914930 B2) further teaches, wherein the laser beam is selected from the group consisting of a cross beam, a line beam, and a dot beam (laser assembly 40 will preferably emit a laser plane that contacts the wall, forming a laser line on the wall, lines 50-52, column 4).
Regarding dependent claim 23, Raskin et al (US 6914930 B2) teaches the device of claims 1-4 or 10-15 or 19-21.
Raskin et al (US 6914930 B2) further teaches, further comprising a metal plate disposed at a side the compound pair of magnets opposite the bottom surface (magnet/metal plate combination as shown figure 14, lines 34-67, column 7)).
Regarding independent claim 24, Raskin et al (US 6914930 B2) teaches, A device (laser level element 10, figures 1-2) comprising: a. a housing (element 11, figures 1, 2) having top, bottom, and side walls, the bottom wall having a substantially planar bottom surface (as shown figures 1, 2); and b. a pair of dipole magnets forming a compound pair of magnets (element 33, figure 2), the compound pair of magnets having a first side disposed in the bottom surface and a second side opposite the first side (element 33, figure 2).
Regarding dependent claim 25, Raskin et al (US 6914930 B2) teaches the device of claim 24.
Raskin et al (US 6914930 B2) further teaches, further comprising a metal plate disposed at the second side of the compound pair of magnets (magnet/metal plate combination as shown figure 14, lines 34-67, column 7)).
Regarding independent claim 26, Raskin et al (US 6914930 B2) teaches A device (laser level element 10, figures 1-2) comprising: a. a housing (element 11, figures 1, 2) having top, bottom, and side walls, the bottom wall having a substantially planar bottom surface (as shown figures 1, 2); b. a pair of dipole magnets forming a compound pair of magnets (element 33, figure 2), the compound pair of magnets having a first side disposed in the bottom surface and a second side opposite the first side (element 33, figure 2); c. a sensor disposed in the device housing (stud sensor circuit 20, figure 2, lines 60-67, column 3); and d. a circuit operatively connected to the sensor for processing an output of the sensor (lines 1-17, column 4).
Regarding dependent claim 27, Raskin et al (US 6914930 B2) teaches the device of claim 26.
Raskin et al (US 6914930 B2) further teaches, where the sensor is a differential capacitive stud sensor (lines 60-67, column 3).
Regarding independent claim 37, Raskin et al (US 6914930 B2) teaches A device (laser level element 10, figures 1-2) comprising: a. a housing (element 11, figures 1, 2) having top, bottom, and side walls, the bottom wall having a substantially planar bottom surface (as shown figures 1, 2); b. one or more dipole magnets disposed in the bottom surface (element 33, figure 2); c. a sensor disposed in the device housing (stud sensor circuit 20, figure 2, lines 60-67, column 3); and d. a circuit operatively connected to the sensor for processing an output of the sensor (lines 1-17, column 4).
Regarding dependent claim 38, Raskin et al (US 6914930 B2) teaches the device of claims 37.
Raskin et al (US 6914930 B2) further teaches where the sensor is a differential capacitive stud sensor (lines 60-67, column 3).
Regarding dependent claim 41, Raskin et al (US 6914930 B2) teaches the device of claims 37-40.
Raskin et al (US 6914930 B2) further teaches, further comprising a first bubble level secured to the housing, the first bubble level having a centerline parallel the bottom housing surface and parallel to one of the housing side walls (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 42, Raskin et al (US 6914930 B2) teaches the device of claim 41.
Raskin et al (US 6914930 B2) further teaches, further comprising a second bubble level secured to the housing orthogonally to the first bubble level (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding independent claim 43, Raskin et al (US 6914930 B2) teaches, A device (laser level element 10, figures 1-2) comprising: a. a housing (element 11, figures 1, 2) having top, bottom, and side walls, the bottom wall having a substantially planar bottom surface (as shown figures 1, 2); b. one or more dipole magnets disposed in the bottom surface (element 33, figure 2); c. a barrel having a proximal end and a distal end, the barrel pivotally mounted near its proximal end to the device housing for pivotal movement in relation to the housing (element 41, with pin 38 and set screw 37, figure 8A, lines 5-18, column 3); and d. a laser disposed within the barrel, the laser creating, when activated, a laser beam projecting through the distal end of the barrel (laser diode and lenses are taught in lines 5-18, column 3).
Regarding dependent claim 44, Raskin et al (US 6914930 B2) teaches the device of claim 43.
Raskin et al (US 6914930 B2) further teaches, further comprising a stop disposed in the device housing positioned to stop the pivoting of the barrel at a predefined position such that when activated, the laser beam intersects a plane defined by the planar bottom surface (Set screw 37 is preferably disposed on main body 31 and contacts barrel 41 to stop rotation of barrel 41 about pin 38, and set the position of barrel 41 (and thus of laser assembly 40, lines 5-18, column 3).
Regarding dependent claim 45, Raskin et al (US 6914930 B2) teaches the device of claim 44.
Raskin et al (US 6914930 B2) further teaches, wherein the laser beam intersects the plane defined by the planar bottom surface at a predetermined distance from the housing (lines 11-58, column 5).
Regarding dependent claim 46, Raskin et al (US 6914930 B2) teaches the device of claim 45.
Raskin et al (US 6914930 B2) further teaches where in the predetermined distance is between 15 and 17 inches (Persons skilled in the art will know how to select the appropriate radii, as they must be selected based on the distance from the wall W to laser assembly 40', the desired length of laser line gap to fill up, etc., lines 11-58, column 5).
Regarding dependent claim 47, Raskin et al (US 6914930 B2) teaches the device of claims 43-46.
Raskin et al (US 6914930 B2) further teaches wherein the laser beam is selected from the group consisting of a cross beam, a line beam, and a dot beam (laser assembly 40 will preferably emit a laser plane that contacts the wall, forming a laser line on the wall, lines 50-52, column 4).
Regarding dependent claim 48, Raskin et al (US 6914930 B2) teaches the device of claims 43-46.
Raskin et al (US 6914930 B2) further teaches, further comprising a first bubble level secured to the housing, the first bubble level having a centerline parallel the bottom housing surface and parallel to one of the housing side walls (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 49, Raskin et al (US 6914930 B2) teaches the device of claim 48.
Raskin et al (US 6914930 B2) further teaches, further comprising a second bubble level secured to the housing orthogonally to the first bubble level (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 50, Raskin et al (US 6914930 B2) teaches the device of claims 1, 10, 24, 37, or 43.
Raskin et al (US 6914930 B2) further teaches, further comprising a marking surface disposed on the housing, the marking surface having one or with one or more marking guides located a predetermined distance from the center of the compound pair of magnets (lines 49-67, column 6).
Claim Rejections – 35 U.S.C. 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
The factual inquiries for establishing a background for determining obviousness under 35 U.S.C. 103 are summarized as follows:
1. Determining the scope and contents of the prior art.
2. Ascertaining the differences between the prior art and the claims at issue.
3. Resolving the level of ordinary skill in the pertinent art.
4. Considering objective evidence present in the application indicating obviousness or nonobviousness.
6. Claims 12, 13, 28, 29, 32-36 and 39 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Raskin et al (US 6914930 B2) and in view of Malard (US 2006/0002233 A1).
Regarding dependent claim 12, Raskin et al (US 6914930 B2) teaches the device of claim 10.
Raskin et al is silent about where the sensor is a live electrical wire sensor.
Malard (US 2006/0002233 A1) teaches, ([0016] The tool may also include a sensor coupled with the housing for detecting objects hidden behind a surface. The hidden object sensor may be a wood stud sensor, an electrical current sensor for detecting live electrical wires and/or a metal sensor for detecting reinforcing bar in concrete or metal studs in walls. [0019] The tool may also include a sensor coupled with the housing for detecting objects hidden behind a surface. The sensor may be an electrical current sensing circuitry for detecting electrical wires, a metal sensing circuitry for sensing metal objects and a wood sensing circuit for sensing wood objects. The tool may also include one or more control buttons accessible at an outer surface of the housing for controlling operation of the tool, and a visual display provided on the housing for displaying measuring, aligning or sensing data).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing a current sensor as taught by Malard (paragraph [0019]).
One of the ordinary skill in the art would have been motivated to make such a modification to sense an electrical wire underneath a structure, as taught by Malard (paragraphs [0056], [0057] [0081]).
Regarding dependent claim 13, Raskin et al (US 6914930 B2) teaches the device of claim 10.
Raskin et al is silent about where the sensor is an electronic distance sensor.
Malard (US 2006/0002233 A1) teaches, where the sensor is an electronic distance sensor (paragraphs [0057], [0059], [0064], [0078]-[0081] [0089], [0090], [0100]).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing an electronic distance sensor as taught by Malard (paragraph [0078]-[0081] [0089], [0090], [0100]).
One of the ordinary skill in the art would have been motivated to make such a modification to provide a distance measurement sensor which can display the distance measured between the object and the laser beam on a visual display screen, as taught by Malard (paragraphs [0089]).
Regarding dependent claim 28, Raskin et al (US 6914930 B2) teaches the device of claim 26.
Raskin et al is silent about where the sensor is a live electrical wire sensor.
Malard (US 2006/0002233 A1) teaches, ([0016] The tool may also include a sensor coupled with the housing for detecting objects hidden behind a surface. The hidden object sensor may be a wood stud sensor, an electrical current sensor for detecting live electrical wires and/or a metal sensor for detecting reinforcing bar in concrete or metal studs in walls. [0019] The tool may also include a sensor coupled with the housing for detecting objects hidden behind a surface. The sensor may be an electrical current sensing circuitry for detecting electrical wires, a metal sensing circuitry for sensing metal objects and a wood sensing circuit for sensing wood objects. The tool may also include one or more control buttons accessible at an outer surface of the housing for controlling operation of the tool, and a visual display provided on the housing for displaying measuring, aligning or sensing data.
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing a current sensor as taught by Malard (paragraph [0019]).
One of the ordinary skill in the art would have been motivated to make such a modification to sense an electrical wire underneath a structure, as taught by Malard (paragraphs [0056], [0057] [0081]).
Regarding dependent claim 29, Raskin et al (US 6914930 B2) teaches the device of claim 26.
Raskin et al is silent about where the sensor is an electronic distance sensor.
Malard (US 2006/0002233 A1) teaches where the sensor is an electronic distance sensor (paragraphs [0057], [0059], [0064], [0078]-[0081] [0089], [0090], [0100]).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing an electronic distance sensor as taught by Malard (paragraph [0078]-[0081] [0089], [0090], [0100]).
One of the ordinary skill in the art would have been motivated to make such a modification to provide a distance measurement sensor which can display the distance measured between the object and the laser beam on a visual display screen, as taught by Malard (paragraphs [0089]).
Regarding dependent claim 32, Raskin et al (US 6914930 B2) teaches the device of claim 26-31.
Raskin et al (US 6914930 B2) further teaches further comprising: A first bubble level secured to the housing, the first bubble level having a centerline parallel the bottom housing surface and parallel to one of the housing side walls (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 33, Raskin et al (US 6914930 B2) teaches the device of claim 32.
Raskin et al (US 6914930 B2) further teaches, a second bubble level secured to the housing orthogonally to the first bubble level (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 34, Raskin et al (US 6914930 B2) teaches the device of claims 26-31. (Raskin et al and Mallard teach claims 28-30)
Raskin et al (US 6914930 B2) further teaches, wherein a metal plate is disposed at the second side of the compound pair of magnets (magnet/metal plate combination as shown figure 14, lines 34-67, column 7)).
Regarding dependent claim 35, Raskin et al (US 6914930 B2) teaches the device of claim 34.
Raskin et al (US 6914930 B2) further teaches, further comprising a first bubble level secured to the housing, the first bubble level having a centerline parallel the bottom housing surface and parallel to one of the housing side walls (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 36, Raskin et al (US 6914930 B2) teaches the device of claims 35.
Raskin et al (US 6914930 B2) further teaches, further comprising a second bubble level secured to the housing orthogonally to the first bubble level (horizontal bubble vial and vertical bubble vial 11HV and 11VV are taught in figure 13, lines 6-16, column 11).
Regarding dependent claim 39, Raskin et al (US 6914930 B2) teaches the device of claim 37.
Raskin et al is silent about where the sensor is a live electrical wire sensor.
Malard (US 2006/0002233 A1) teaches,([0016] The tool may also include a sensor coupled with the housing for detecting objects hidden behind a surface. The hidden object sensor may be a wood stud sensor, an electrical current sensor for detecting live electrical wires and/or a metal sensor for detecting reinforcing bar in concrete or metal studs in walls. [0019] The tool may also include a sensor coupled with the housing for detecting objects hidden behind a surface. The sensor may be an electrical current sensing circuitry for detecting electrical wires, a metal sensing circuitry for sensing metal objects and a wood sensing circuit for sensing wood objects. The tool may also include one or more control buttons accessible at an outer surface of the housing for controlling operation of the tool, and a visual display provided on the housing for displaying measuring, aligning or sensing data).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing a current sensor as taught by Malard (paragraph [0019]).
One of the ordinary skill in the art would have been motivated to make such a modification to sense an electrical wire underneath a structure, as taught by Malard (paragraphs [0056], [0057] [0081]).
7. Claims 14, 15, 30, 31 and 40 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Raskin et al (US 6914930 B2) and in view of Smith (US 10088306 B2).
Regarding dependent claim 14, Raskin et al (US 6914930 B2) teaches the device of claim 10.
Raskin et al is silent about where the sensor is an accelerometer with at least one sensing axis.
Smith (US 10088306 B2) teaches, (the self-leveling laser includes a laser-unit having a laser-diode and drive-circuitry, a plurality of accelerometers including a differential-capacitor, with the plurality of accelerometers and the differential-capacitor configured to operate in functional combination to measure a level-metric relative to the housing, and a visual-level-indicator configured to provide a user with a visual indication of the level-metric (lines 18-25, column 2). Detachable-display 114 may be detachably coupled to housing 104, detachable-display 114 may have a first-visual-indicator 116 configured to display a wall-stud presence and second-visual-indicator 118 configured to display a wall-stud width, first-visual-indicator 116 being in functional combination with second-visual-indicator 118.Electronic-stud-finder 112 may comprise a stud-locator configured to locate a stud in a wall, and a stud-width-measurer configured to measure a width of the stud. In some embodiments electronic-stud-finder 112 may further include at least one dielectric-sensor, at least one sonic-sensor, and/or at least one of magnetic-sensor useful for locating wall studs of different materials, as well as different construction methods. Self-leveling-laser 106 may be fixed to housing 104 internally and include a laser-unit 108 having a laser-diode and drive-circuitry, plurality of accelerometers including a differential-capacitor, the plurality of accelerometers and the differential-capacitor may be configured to operate in functional combination to measure a level-metric (e.g., degrees, radians, level/not level, etc.), relative to the housing 104 (or a portion thereof), and the visual-level-indicator 110 may be configured to provide user 140 with a visual indication of the level-metric.(lines 32-55, column 5).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing an accelerometer as taught by Smith (lines 18-25, column 2).
One of the ordinary skill in the art would have been motivated to make such a modification to measure a level-metric relative to the housing, and a visual-level-indicator configured to provide a user with a visual indication of the level-metric, as taught by Smith (lines 32-55, column 5).
Regarding dependent claim 15, Raskin et al (US 6914930 B2) teaches the device of claim 10.
Raskin et al (US 6914930 B2) further teaches, further comprising a display disposed in the housing and operatively connected to the circuit for displaying the output of the sensor as processed by the circuit (As is well known in the art, the stud sensor circuit 20 may include an on/off actuator or switch 21, which can be a push-button type actuator. Stud sensor circuit 20 may also include light emitting diodes 22 to display the location of a stud. It is preferable to align the sensors within stud sensor circuit 20 with the center of hole 12, so that the center of hole 12 indicates the location of the stud (Lines 1-10, column 4)).
Raskin is silent about a digital display.
Smith (US 10088306 B2) teaches, (Detachable-display 114 may be detachably coupled to housing 104, detachable-display 114 may have a first-visual-indicator 116 configured to display a wall-stud presence and second-visual-indicator 118 configured to display a wall-stud width, first-visual-indicator 116 being in functional combination with second-visual-indicator 118. Electronic-stud-finder 112 may comprise a stud-locator configured to locate a stud in a wall, and a stud-width-measurer configured to measure a width of the stud. In some embodiments electronic-stud-finder 112 may further include at least one dielectric-sensor, at least one sonic-sensor, and/or at least one of magnetic-sensor useful for locating wall studs of different materials, as well as different construction methods. Self-leveling-laser 106 may be fixed to housing 104 internally and include a laser-unit 108 having a laser-diode and drive-circuitry, plurality of accelerometers including a differential-capacitor, the plurality of accelerometers and the differential-capacitor may be configured to operate in functional combination to measure a level-metric (e.g., degrees, radians, level/not level, etc.), relative to the housing 104 (or a portion thereof), and the visual-level-indicator 110 may be configured to provide user 140 with a visual indication of the level-metric (lines 32-55, column 5).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing a digital display as taught by Smith (lines 32-55, column 5).
One of the ordinary skill in the art would have been motivated to make such a modification to facilitate viewing the degree of level of the flat-vertical-surface upon the detachable-display, placing the leveling and distance-measuring system between two-objects, utilizing the leveling and distance-measuring system to determine a distance between the two-objects, and viewing the distance between said two-objects on the detachable-display, as taught by Smith.(lines 10-15, column 3).
Regarding dependent claim 30, Raskin et al (US 6914930 B2) teaches the device of claim 26.
Raskin et al is silent about where the sensor is an accelerometer that may be capable of inclination sensing on one or more axis.
Smith (US 10088306 B2) teaches, (The self-leveling laser includes a laser-unit having a laser-diode and drive-circuitry, a plurality of accelerometers including a differential-capacitor, with the plurality of accelerometers and the differential-capacitor configured to operate in functional combination to measure a level-metric relative to the housing, and a visual-level-indicator configured to provide a user with a visual indication of the level-metric (lines 18-25, column 2). Detachable-display 114 may be detachably coupled to housing 104, detachable-display 114 may have a first-visual-indicator 116 configured to display a wall-stud presence and second-visual-indicator 118 configured to display a wall-stud width, first-visual-indicator 116 being in functional combination with second-visual-indicator 118.Electronic-stud-finder 112 may comprise a stud-locator configured to locate a stud in a wall, and a stud-width-measurer configured to measure a width of the stud. In some embodiments electronic-stud-finder 112 may further include at least one dielectric-sensor, at least one sonic-sensor, and/or at least one of magnetic-sensor useful for locating wall studs of different materials, as well as different construction methods. Self-leveling-laser 106 may be fixed to housing 104 internally and include a laser-unit 108 having a laser-diode and drive-circuitry, plurality of accelerometers including a differential-capacitor, the plurality of accelerometers and the differential-capacitor may be configured to operate in functional combination to measure a level-metric (e.g., degrees, radians, level/not level, etc.), relative to the housing 104 (or a portion thereof), and the visual-level-indicator 110 may be configured to provide user 140 with a visual indication of the level-metric.(lines 32-55, column 5).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing an accelerometer as taught by Smith ((lines 18-25, column 2)).
One of the ordinary skill in the art would have been motivated to make such a modification to measure a level-metric relative to the housing, and a visual-level-indicator configured to provide a user with a visual indication of the level-metric, as taught by Smith (lines 32-55, column 5).
Regarding dependent claim 31, Raskin et al (US 6914930 B2) teaches the device of claim 26.
Raskin et al (US 6914930 B2) further teaches a display disposed in the housing (As is well known in the art, the stud sensor circuit 20 may include an on/off actuator or switch 21, which can be a push-button type actuator. Stud sensor circuit 20 may also include light emitting diodes 22 to display the location of a stud. It is preferable to align the sensors within stud sensor circuit 20 with the center of hole 12, so that the center of hole 12 indicates the location of the stud (Lines 1-10, column 4)).
Raskin is silent about a digital display.
Smith (US 10088306 B2) teaches, (Detachable-display 114 may be detachably coupled to housing 104, detachable-display 114 may have a first-visual-indicator 116 configured to display a wall-stud presence and second-visual-indicator 118 configured to display a wall-stud width, first-visual-indicator 116 being in functional combination with second-visual-indicator 118. Electronic-stud-finder 112 may comprise a stud-locator configured to locate a stud in a wall, and a stud-width-measurer configured to measure a width of the stud. In some embodiments electronic-stud-finder 112 may further include at least one dielectric-sensor, at least one sonic-sensor, and/or at least one of magnetic-sensor useful for locating wall studs of different materials, as well as different construction methods. Self-leveling-laser 106 may be fixed to housing 104 internally and include a laser-unit 108 having a laser-diode and drive-circuitry, plurality of accelerometers including a differential-capacitor, the plurality of accelerometers and the differential-capacitor may be configured to operate in functional combination to measure a level-metric (e.g., degrees, radians, level/not level, etc.), relative to the housing 104 (or a portion thereof), and the visual-level-indicator 110 may be configured to provide user 140 with a visual indication of the level-metric (lines 32-55, column 5).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing a digital display as taught by Smith (lines 32-55, column 5).
One of the ordinary skill in the art would have been motivated to make such a modification to facilitate viewing the degree of level of the flat-vertical-surface upon the detachable-display, placing the leveling and distance-measuring system between two-objects, utilizing the leveling and distance-measuring system to determine a distance between the two-objects, and viewing the distance between said two-objects on the detachable-display, as taught by Smith.(lines 10-15, column 3).
Regarding dependent claim 40, Raskin et al (US 6914930 B2) teaches the device of claims 37.
Raskin et al (US 6914930 B2) further teaches, a digital display disposed in the housing and operatively connected to the circuit for displaying the output of the sensor as processed by the circuit (As is well known in the art, the stud sensor circuit 20 may include an on/off actuator or switch 21, which can be a push-button type actuator. Stud sensor circuit 20 may also include light emitting diodes 22 to display the location of a stud. It is preferable to align the sensors within stud sensor circuit 20 with the center of hole 12, so that the center of hole 12 indicates the location of the stud. Lines 1-10, column 4)).
Raskin is silent about a digital display.
Smith (US 10088306 B2) teaches, (Detachable-display 114 may be detachably coupled to housing 104, detachable-display 114 may have a first-visual-indicator 116 configured to display a wall-stud presence and second-visual-indicator 118 configured to display a wall-stud width, first-visual-indicator 116 being in functional combination with second-visual-indicator 118. Electronic-stud-finder 112 may comprise a stud-locator configured to locate a stud in a wall, and a stud-width-measurer configured to measure a width of the stud. In some embodiments electronic-stud-finder 112 may further include at least one dielectric-sensor, at least one sonic-sensor, and/or at least one of magnetic-sensor useful for locating wall studs of different materials, as well as different construction methods. Self-leveling-laser 106 may be fixed to housing 104 internally and include a laser-unit 108 having a laser-diode and drive-circuitry, plurality of accelerometers including a differential-capacitor, the plurality of accelerometers and the differential-capacitor may be configured to operate in functional combination to measure a level-metric (e.g., degrees, radians, level/not level, etc.), relative to the housing 104 (or a portion thereof), and the visual-level-indicator 110 may be configured to provide user 140 with a visual indication of the level-metric (lines 32-55, column 5).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by providing a digital display as taught by Smith (lines 32-55, column 5).
One of the ordinary skill in the art would have been motivated to make such a modification to facilitate viewing the degree of level of the flat-vertical-surface upon the detachable-display, placing the leveling and distance-measuring system between two-objects, utilizing the leveling and distance-measuring system to determine a distance between the two-objects, and viewing the distance between said two-objects on the detachable-display, as taught by Smith (lines 10-15, column 3).
8. Claims 51 and 52 are rejected under 35 U.S.C. 103 (a) as being unpatentable over Raskin et al (US 6914930 B2).
Regarding dependent claim 51 and 52, Raskin et al (US 6914930 B2) teaches the device of claims 1, 10, 24, 37, or 43.
Raskin et al further teaches, wherein the predetermined distance is between (0.74 inches and 0.76 inches, in claim 51) or (1.4 inches and 1.6 inches, in claim 52) from the center of the compound pair of magnets (As is well known in the art, the stud sensor circuit 20 may include an on/off actuator or switch 21, which can be a push-button type actuator. Stud sensor circuit 20 may also include light emitting diodes 22 to display the location of a stud. It is preferable to align the sensors within stud sensor circuit 20 with the center of hole 12, so that the center of hole 12 indicates the location of the stud (Lines 1-10, column 4). Persons skilled in the art will recognize that target 60, main body 61 and/or cylinder 62 may be made of a translucent material to facilitate location of a mark. This could facilitate placing the laser level 10 on a specifically desired location. A ramp 64 may be provided on cylinder 62. Preferably the ramp 64 has some reflective material. (Alternatively, textured areas can be disposed on cylinder 62 or ramp 64 to enhance the visibility of the laser line.) Accordingly, the user can disposed the laser level 10 on wall W and move target 60 until ramp 64 is aligned with the laser line. The user can then use a pencil to mark the center of target 60. Alternatively, the user can push a pin 66P or expanding mandrel 66M through bore 63 to maintain the target 60 in place. Persons skilled in the art will recognize that an expanding mandrel has at least two metal strips along its longitudinal axis meeting at a front tip. The mandrel is inserted into a pre-drilled hole. The steel strips can be then expanded within the hole in order to fix the mandrel (line 49, column 6 - line 2, column 7). It may also be preferable to provide a hanger assembly 70 for laser level 10. Hanger assembly 70 may have a main body 71 with a central hole 72 for receiving the head of a nail hammered into a wall. Main body 71 may be made of a translucent material to facilitate location of a mark or nail (lines 16-20, column 7).
Therefore it would have been obvious to one of the ordinary skill in the art before the effective filing date of the claimed invention, to have modified the teachings of Raskin et al by optimizing the distance of the marking guides from the center of the magnets.
One of the ordinary skill in the art would have been motivated to make such a modification to accurately align the sensors within stud sensor circuit 20 with the center of hole 12, so that the center of hole 12 indicates the location of the stud, as taught by Raskin et al (lines 6-8, column 4).
Closest Prior art
9. The following relevant prior art of record is not cited in the office action.
Schubert et al (US 2020/0064132 A1) teaches, A housing for a leveling system including one or more light bars, with each of the one or more light bars comprising a plurality of lights including a center light, the one or more light bars configured to act as a real-time level status indicator for the housing parallel to an axis Z by lit lights of the one or more light bars including an indication of where the level status for the housing parallel to the axis Z changes.
Schneider (US 2023/0314134 A1) teaches, An article of manufacture for providing a magnetic laser stud finder according to the present invention is a magnetic laser stud finder including a device body having a first end, a second end, a top surface and a bottom surface, a cross beam laser device projecting from the first end, a pair of magnets coupled within the bottom surface of the device body, and a pair of float level devices coupled within the top surface of the device body. The pair of float level devices are configured to provide orthogonally positioned devices providing a horizontal level and a vertical level.
Francis (US 2020/0062024 A1) teaches, An old work box device may be provided. The old work box device may include an adjustable device ring. Furthermore, the old work box device may have a measuring device affixed to the device ring, which may be capable of measuring a horizontal or vertical distance in relation to the device ring. A level may be provided on the device ring, which may be capable of leveling the device ring vertically or horizontally. A magnet or stud finder may be provided on the device ring, which may be capable of locating a stud for the installation of an old work box. The old work box may include a measurement scale along its perimeter and a marking device capable of marking desired locations a mounting surface.
De La Torre (US 11156736 B1) teaches, A device for locating studs on a surface such as a wall is disclosed. The device comprises a housing, a plurality of magnets disposed in the housing, a level placed between the plurality of magnets and line lasers in which one line laser is provided at one end of the housing and another line laser is provided at an opposite end of the housing. A flux density of the plurality of magnets is used to determine a location and a distance between the studs on the surface. The level is used to accurately determine the position of the studs. The line lasers are configured to emit laser beams at each side of the housing to label location of successive studs for remainder of the surface based on the distance calculated using the plurality of magnets and the level.
Gasque (US 7385390 B1) teaches, A blind spot targeting system for establishing a cutting point includes a locator with a housing having an indicator and a signal-sensing device. The housing has a hole therethrough, and the indicator is in electronic communication with the signal-sensing device for indicating a cutting point on a first side of a structure. A transmitter is also included, which has a complementary hole therethrough. The transmitter is for placement on a second side of the structure for emitting a signal, which the signal-sensing device senses. The indicator in communication with the signal-sensing device indicates alignment of the hole and the complementary hole to establish the cutting point for cutting through the hole into the first side of a structure and possibly through the second side of the structure in a direction of the complementary hole.
Conclusion
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/SURESH K RAJAPUTRA/Examiner, Art Unit 2858
/EMAN A ALKAFAWI/Supervisory Patent Examiner, Art Unit 2858 4/17/2026
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